Arrow Global/MBNA - Court Claim

[hollyb]

Hi there - I am looking for some advice.

I received a court claim in November 2012, the claimant being Arrow Global, claiming for a credit card debt originally owed to MBNA.

I replied with a defence at the time by submitting a section 31.14 request. I requested :

• the agreement
• the default notice
• the sale agreement
• the letter of assignment

I received nothing from them and the claim was stayed by the court.

Today I have received notification from the court of the claimants application for an order and summary judgement which will take place on Oct. 8th.

They have had a change of solicitor and included a pack which contains :

• an agreement, with no identifying account numbers,
• a default notice
• a notice of assignment. This is a letter from Arrow Global stating that an account (not the account they have subsequently issued the claim for, and not an account I have ever held with MBNA) has been transferred to them.

What should I now do?

Surely Arrow have no right to pursue this claim as the Notice of Assignment is not for the account they have claimed for or provided the information for?

Any assistance would be gratefully received.

Many thanks.

[hollyb]

Re: Arrow Global/MBNA - Court Claim

Bump

[Kati]

Re: Arrow Global/MBNA - Court Claim

Hi [MENTION=7378]hollyb[/MENTION] - I'm sure some knowledgeable Beagles will be along soon to advise you

Kati x

[hollyb]

Re: Arrow Global/MBNA - Court Claim

Thanks Kati!

[hollyb]

Re: Arrow Global/MBNA - Court Claim

Bump - anyone out there?

[hollyb]

Re: Arrow Global/MBNA - Court Claim

[MENTION=6]Amethyst[/MENTION] I see you are very knowledgable on these matters. Just wondering whether you might have some advice for me?

Many thanks

[Amethyst]

Re: Arrow Global/MBNA - Court Claim

Hi Sorry Holly, been a bit tied up today. Just having a look at your post now. Sharon xxx

[Amethyst]

Re: Arrow Global/MBNA - Court Claim

Okay - would you be able to take a picture or scan the agreement - that's the most important bit. UIpload or email it to me admin@legalbeagles.info .

lol @ the assignment notice though, they really are a bit pants.

'notification from the court of the claimants application for an order and summary judgement which will take place on Oct. 8th.'

Does that state you can respond to the application at all ?
Is it being heard at a hearing ?

If it gives no further instruction we should put together a witness statement to counter their application and get it to the Judge by, at very latest, 1st October.

[hollyb]

Re: Arrow Global/MBNA - Court Claim

Hi Sharon,

Many thanks for the reply. I have emailed you over the scan items. A few of the pages have come out a bit blurred in the main document I have sent, so I have re-scanned a few of the blurred pages and attached them also. Let me know if it makes sense.

It is to be heard at a hearing - they have requested 30 mins, and I believe I can respond to the application.

On the notice of assignment - surely if MBNA has assigned some arbitrary account to Arrow which has nothing to do with me, then they have no authority to bring a claim?

Kind regards.

[Kafka]

Re: Arrow Global/MBNA - Court Claim

Is the agreement valid?

Was the default process followed properly?

Did you receive a valid Letter Before Action?

It does sound as if an unconnected Notice of Assignment would be challengeable. What are the flaws with it, and did you receive any notification from the original creditor?

[hollyb]

Re: Arrow Global/MBNA - Court Claim

Thank you for your response [MENTION=66]Kafka[/MENTION].

I am not knowledgeable enough to know whether the agreement is invalid or not. It certainly looks reconstituted as it has no identifying features e.g. no account number or any reference. It is dated 21/02/2006. i have emailed a copy of the agreement to [MENTION=6]Amethyst[/MENTION] for her comment.

I never received a default notice, but there is one included in the pack.

I don't recall receiving a letter before action, but I could have. Again, they have included one in the pack.

They have also included a notice of assignment, from Arrow Global, stating that "MBNA has assigned all of its respective rights, title and interest in respect of the amounts due under the above referenced account". However the "above referenced account" is not the one the court claim has been issued for, nor does it match the account number referenced in any of the documentation, including the witness statement from the lawyer. I received no notification from the original creditor.

The account number referenced in the court claim has been settled and is marked as settled on my credit reports. The account number referenced in the notice of assignment does not appear anywhere on my credit report, and I have never held an account with that number.

Hope this info is useful. Any assistance would be greatly appreciated. The court hearing has been set of Oct 8th.

Kind regards,

HB

[Kafka]

Re: Arrow Global/MBNA - Court Claim

So when did you submit a defence and what was it? The chronology of this isn't clear without a timeline.

It looks as if you will need to submit a witness statement for the hearing, based on the documents.

[hollyb]

Re: Arrow Global/MBNA - Court Claim

The court claim was issued back in October 2012. I filed a defence on November 19th 2012 and submitted a CPR 31.14 request. They did not comply with the request and the claim was stayed.

I have now received this application notice, with a copy of the agreement and the other documentation, including a witness statement from the solicitors, requesting that the stay is lifted and summary judgement entered against me.

[Kafka]

Re: Arrow Global/MBNA - Court Claim

Can you give the defence you submitted, then we need to start putting a Witness Statement together based on all the points.

[hollyb]

Re: Arrow Global/MBNA - Court Claim

This is the original defence I submitted:

I deny any indebtedness to the claimant.
I have sent the solicitor for the claimant a CPR31.14 request for
the documents relied upon in the Particulars of Claim. Until I
receive these documents I am unsure as to exactly what the
claimant's claim is for and am finding it difficult to file a full
and complete defence under the circumstances.


The Defendant respectfully requests that the Court stay (Suspend)
the proceedings under Practice Direction 4.6 (1) until the
claimant complies with the defendants CPR31.14 request. The
defendant respectfully requests that the court impose a time scale
of fourteen (14) days upon the claimant to comply with the
defendant's rightful entitlement to inspect the documents that the
claimant's claim is to rely on, and that should the claimant fail
to comply with the court's order, then the defendant respectfully
requests that upon notification by the defendant to the court of
the claimant's failure to comply with the Practice Direction
sanctions imposed by the court, that the court makes the motion to

strike out the claimant's claim on the grounds that the claimant
is unable to substantiate the claim.
The Defendant also makes a respectful request to the court for the
court's consideration, to permit the defendant to submit an
amended defence if the claimant supplies the requested documents
mentioned.